John H. Lederer <johnl[_at_]ibm.net> wrote:
[In response to discussion about implied licence by web usage]
>
> So, he, he, if we all copy movies we rent we'll be OK? Who is willing
> to start off?
To make use of any web document you need to make copies. Without an implied licence to reproduce the intended use cannot be made. The issue is not whether there is a licence, but what are the exact terms of that licence.
With rented movies (at least the analogue technology ones), you don't need to make a copy to make use of them in the intended way. i.e. you don't need a licence to reproduce.
> I know my kids (I am ashmaed to say) have done much to establish the
> principle that copying games is the custom and usage.
Given that temporary copies in RAM are not considered infringing copies for the purpose of copyright, similar analogies apply although it gets a bit more complex when shrink-wrap licences are involved or parts of the game need to be installed on your hard-drive.
> I am being facetious, but I do find something very troubling about
> having a big gray "maybe you are violating the law maybe you aren't"
> cloud hanging over speech.
>
> Don't others? Don't we strike down statutes the least bit vague that
> limit speech because of the chilling effect that uncertainty creates?
The statute is not vague, just the terms of the implied licence. If the point you are making is that we need legislation clarifying exactly what the terms of that implied licence are in different circumstances, then I am inclined to agree with you (even if the hyperbola appear to me to be unhelpful). The problem with a legislated licence is making sure the licence stays appropriate as new technologies are introduced.
-- | Tim Arnold-Moore, LL.B., B.Sc. (Hons) | Postal address: Multimedia Database Systems, RMIT | 723 Swanston St | Carlton 3053 | AUSTRALIA | Tel: +61 3 9282 2487 | Fax: +61 3 9282 2490 | simul iustus et peccator <tja[_at_]mds.rmit.edu.au>Received on Tue Jul 21 1998 - 00:12:07 GMT
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